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Regulating cryptocurrencies is a legislative direction: Supreme Court

The apex court stated that regulation on the trading of cryptocurrencies pertains to the legislature rather than the judiciary

What’s the news: The Supreme Court rejected a plea seeking the judiciary’s intervention in the formulation of guidelines for cryptocurrency trading stating that the same is “more in a nature of a legislative direction.”

Petitioner Manu Prasad Wig had filed a petition invoking Article 32 of the Constitution asking the government to “frame guidelines for the regulation of trading and mining of crypto currencies,” issue a direction “for the prosecution of cases involving digital assets/crypto currencies” and issue a direction “to implement Consumer Protection (Direct Selling) Rules 2021.”

However, Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra said in the order, “Though the petition is under Article 32 of the Constitution, it is evident that the real purpose is to seek bail in proceedings which are pending against the petitioner. We are unable to subscribe to this course of action.”

While the court said the petitioner is free to approach the appropriate court for the grant of regular bail, the main reliefs are out of the court’s jurisdiction. Following this, the pleas was disposed.

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I'm interested in the shaping and strengthening of rights in the digital space. I cover cybersecurity, platform regulation, gig worker economy. In my free time, I'm either binge-watching an anime or off on a hike.

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